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DOL Reacts to Court Decision Regarding FFCRA Rules; Revises Parts of Their Old Rule, but Reaffirms Other Parts
Spilman Thomas & Battle, PLLC, September 2020

Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick leave for certain COVID-related absences and a new category of paid FMLA leave for workers with COVID-related child care issues. Our prior summaries of the law can be found here...

Disability and Remote Work
QIL+4 ABOGADOS, September 2020

Teleworking is a work tool that opens a world of possibilities for the reinsertion of sectors of the population that have not had free access to work opportunities. It is a feasible option to provide job opportunities to people for whom moving outside their homes is a limitation; limitations that could occur not only to people with family responsibilities – child and elderly care – or students, but also to people with disabilities...

Telework in Guatemala
QIL+4 ABOGADOS, September 2020

Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in TECHNOLOGY, in the innovative and efficient use of tools that allow us to be connected without being anchored to a specific place...

California's New Supplemental COVID-19 Paid Sick Leave Law
Hanson Bridgett LLP, September 2020

 Key Points Assembly Bill 1867 requires private employers with 500 or more employees nationwide, as well as employers of health care providers and emergency responders, to provide COVID-19 supplemental paid sick leave to their California employees. Full time employees are entitled to 80 hours of COVID-19 supplemental paid sick leave...

Cyberbullying and Remote Working – What Employers Need to Know
Shoosmiths LLP, September 2020

Sadly, bullying and harassment in the workplace is nothing new. Indeed, a 2020 study found that 15% of people surveyed had been a victim of workplace bullying. Conversely, cyberbullying in the workplace is a relatively new phenomenon but it’s on the rise. What exactly is cyberbullying? Simply put, cyberbullying is any bullying, harassment or victimisation that involves a computer, phone or tablet...

Getting Way’Mo Than He Bargained For
TSMP Law Corporation, September 2020

Should employees be at liberty to remove trade secrets they created when they leave their employers? Think carefully, physical liberty might just be at stake. In his junior year at UC Berkeley, he built a prize-winning robot out of Legos to sort Monopoly money. Later, he entered the first ever two-wheeler in the DARPA Grand Challenge, an American autonomous vehicle competition funded by the US Department of Defense...

All Virginia Employers Subject to New COVID-19 Workplace Safety Standard
Spilman Thomas & Battle, PLLC, September 2020

All Virginia employers subject to the jurisdiction of the Virginia Occupational Safety and Health ("VOSH") Program (i.e., practically all employers in Virginia) must comply with new workplace safety standards related to COVID-19. Known as the Emergency Temporary Standard ("Standard"), the new regulation requires employers to:   1...

Remote Learning and FFCRA Paid Leave Questions Answered by Department of Labor
Spilman Thomas & Battle, PLLC, September 2020

The Department of Labor has updated its list of FAQs about the Families First Coronavirus Response Act (“FFCRA”) to address when employees would be eligible for Emergency FMLA leave when the employee’s child’s school is operating on a remote or hybrid learning schedule...

The Term Company in the Context of Collective Redundancies
Heuking Kühn Lüer Wojtek, August 2020

BAG dated February 13, 2020 - 6 AZR 146/19 ("Air Berlin") In the context of collective redundancies, the term "company" is a legal term under European Union (EU) law and, with regard to the responsible employment agency, it focus particularly on the local effects of the intended dismissals. In the EU legal system, the term "company" is to be interpreted autonomously, uniformly and detached from the national understanding of the term...

No Obligation for the Employer to use the German Language
Heuking Kühn Lüer Wojtek, August 2020

Regional Court of Nuremberg, decision of June 18, 2020 - 1 TaBV 33/19 The Regional Labor Court (Landesarbeitsgericht - LAG) of Nuremberg had to rule on a motion by a works council, in which the latter demanded that the discussions held with it be conducted only in German. At the same time, it demanded that all communication between the branch management and the employees be conducted in German. The Regional Court rejected both motions of the works council...

COVID-19 Payroll Tax Notice from the IRS Offers Sparse Guidance
Bradley Arant Boult Cummings LLP, August 2020

Following the August 8, 2020 Presidential Memorandum directing the Treasury Secretary to defer the withholding, deposit, and payment of certain payroll taxes, the Internal Revenue Service released Notice 2020-65 late Friday, August 28. The brief notice gives necessary but sparse guidance on implementing the Presidential Memorandum. We expect (and hope for) further guidance soon...

What Employers Need to Know About Michigan’s Latest Executive Order Protecting Workers
Dykema, August 2020

On August 27, Michigan Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166. The new executive order is nearly identical to the one it replaces, with two important differences...

Covid-19 Bill 2020 – An Employment Perspective
Shearn Delamore & Co., August 2020

The Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020 (“the Covid-19 Bill”) was tabled for its first reading in the Dewan Rakyat of Malaysia on Wednesday, 12 August 2020...

COVID-19 Anti-Epidemic Fund: Second Tranche of Employment Support Scheme Announced
Deacons, August 2020

On 8 April 2020, the Government rolled out the first tranche of the Employment Support Scheme (ESS) for subsidising wages of employees (see our client alerts dated 14 and 20 May 2020 for details of the ESS and its implementation). The Government has just announced details of the second tranche of the ESS covering September to November 2020, which are summarised below...

COVID-19 in the Workspace: Is Enough Enuf?
Bradley Arant Boult Cummings LLP, August 2020

You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a mask, she or he will be instructed to remove it...

Returning from Home Office - What Employers Have to Consider
Heuking Kühn Lüer Wojtek, August 2020

When the corona pandemic broke out, many employers allowed their employees to work in home office or even forced them to do so. In the meantime, many uncertainties have been clarified and the desire for normality is increasing among both employers and employees. Therefore, in the following, we will describe what employers must take into account when employees return from home office. 1...

Tennessee enacts COVID-19 Recovery Act
Waller, August 2020

Tennessee Governor Bill Lee has signed into law the Tennessee COVID-19 Recovery Act which provides liability protection from claims related to the COVID-19 pandemic. The Waller Government Relations team worked closely with the Tennessee Chamber of Commerce and Industry and various stakeholders in recent months to achieve passage of the Tennessee COVID-19 Recovery Act...

New Rules on Temporary Unemployment from 1 September 2020: Start Preparing Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force. Companies and sectors that are substantially affected by the COVID-19 crisis can continue to apply the current and simplified COVID-19 force majeure temporary unemployment regime until 31 December 2020. The list of in-scope sectors has yet to be determined by the minister of work...

COVID-19 and its Impact on Women at Work
Shoosmiths LLP, August 2020

  COVID-19 has undoubtedly had a significant impact on workplaces across the UK. However, what is becoming increasingly clear is the impact which it has had and continues to have on women in work. We consider the statistics and how employers should respond. What do the statistics show? 1. Sectors During lockdown, women were more likely to work in the sectors that had to completely shut-down such as hospitality (23% of women vs 16% men in these industries)...

PPP Forgiveness Planning Scenarios
Verrill, August 2020

How to use this article: You already know that the Paycheck Protection Program (PPP) is highly complex, with intertwining conditions, exceptions, and definitions that defy simple explanation. This article assumes that you are pretty familiar with PPP terminology as relates to your business. We present nine different scenarios commonly found within the PPP recipient pool and offer an intentionally over-simplified discussion of when and how you should apply for forgiveness...

IRS Confirms Use of COVID-19 Leave-Sharing Plans
Bradley Arant Boult Cummings LLP, August 2020

The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic...

Redundancy and Liquidation Severances in Russia: New Rules
ALRUD Law Firm, August 2020

On 13th August, Federal Law dated 13.07.2020, No. 210-FZ specifying the procedure and establishing new rules of severance payments, in case of dismissal due to liquidation of the organization, or redundancy, comes into force.In case of the dismissal due to the organization’s liquidation, all payments shall be made to employees prior to its completion...

Office of the Future: COVID-19 is Changing How and Where we Work
Waller, August 2020

COVID-19 is having a transformational impact on American workplaces, which has short- and long-term consequences. Waller partners Bo Campbell and Aron Karabel join this episode to address the transformation. Campbell, a leader on Waller's real estate team, discusses the impacts on commercial leasing and how the work-from-home phenomenon will impact office trends and future development projects. Here is a transcript of the conversation: Morgan Ribeiro, Host Welcome to PointByPoint...

Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
Hunton Andrews Kurth LLP, August 2020

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), collectively referred to at the Families First Coronavirus Response Act...

New Rules on Temporary Unemployment as of 1 September 2020: Start Making Preparations Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force.  Companies and sectors that are substantially impacted by the Covid-19 crisis can continue to apply the current and simplified ‘Covid-19 force majeure’ temporary unemployment regime until 31 December 2020. The list of in-scope sectors is yet to be determined by the Minister of Work...

 

 

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